O 165
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- ,~j.. - r' ORDINANCE NO. 165 .......
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. ORDINANCE OF THE CITY OF ARROYO GRANDE, PROVIDING FOR PERMITS TO BE OBTAINED
PRIOR TO ANY ENCROACHMENT, OPENING6R EXCAVATION BEING MADE IN ANY PUBLIC
STREET OR HIGHWAY IN THE CITY OF AR&OYO GRANDE, REQUIRING A BOND AND PERMIT
FEE THEREFOR, AND PROYIDING PENALTIES FOR VIOLATION HEREOF.
THE C!TY COUNC IL eJEHTH[! C!TY OF ARROYO GRANDE DOES ORDA IN AS FOLLOWS:
SECTION I. No person, firm, association, partnership or corporation or
any combination thereof,shall make any encroachment,opening or excavation in
any public street or highway in the City of ArrGYo Grande without having first
obtained a permit so to do as hereafter provided.Excavations or street openings
may be allowed without a permit being first obtained, when in the opinion of the
City Building Inspector an emergency exists, provided,however,that on the next
succeeding business day,allreequirements of this Ordinance shall be met.
SECTION 2.Any person, firm,association,partnership or corporation,or any
combination thereof,desiring to make an encroachment,opening or excavation in
any public street or highway in the City of Arroyo Grande shall, prior thereto,
make an application upon a form therefor to be provided by the City Building
Inspector.In addition thereto,applicant shall post a bond in accordance with
the provisions of Section 4 hereof, and shall also pay a fee therefor.The amount
of said fee shall be as set by the City Council by Resolution from time to time.
SECTION 3. Any encroachment,opening or excavation made in any street or
public highway in the City of Arroyo Grande shall be made in accordance with the
requirements of the City Building Inspector a~d shall be subject to a periodic
inspection by said Building Inspector.No encroachment,opening or excavation
shall be finally concluded without the express written consent and approval of
the said City Building Inspector.
SECTION 4. The bond e~fee~ed to in Section 2 above shall be conditioned upon
the applicant completing the encroachment,opening or excavation of the street
or highway in accordanc. with the requirements of the City Building Inspector
and shall be in such amount as in the opinion of the City Building Inspector
will guarantee that the street or highway will be restored to the condition in
which it was prior to the commencement of the work thereon or therein, and shall
be J1f'such form as may be, prescrilJed by the City Attorney."In lieu of such a
bond, an applicant may submit a suitable indeterminate indemnity agreement whefe-
by applicant agrees to pay and hold the~~ftJ harmless from any sum or sums ne-
cessarily expended by the City in restoring the street or highway to its orig-
inal condition. The form of this agreement shall be as prescribed by the City
Attorney.
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SECTION 5. Any person, firm, association, partnership or corporation
violating any of the terms of this Ordinance shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by imprisonment for a period of
thirty (30) days or by a fine of Five Hundred ($500.00) Dollars, or by both
such fine and imprisonment.
SECTION 6. This Ordinance is an emergency ordinance and the reasons
therefor are as follows:
There are an increasing number of encroachments, openings and/or ex-
cavations being made in the public streets and highways of the City of Arroyo
Grande without proper precautions being taken to safeguard the public during
the progress of the work and without any requirements for restoration of the
streets and public highways at the conclusion of such work. Some regulatory
legislation is necessary to prevent possible injury or damage to the health
and safety of the people of the City of Arroyo Grande and also to prevent the
possibility of serious financial loss to the City of Arroyo Grande.
This Ordinance shall take effect immediately and within fifteen (IS) days
after its passage it shall be published once, together with the names of the
Councilmen voting thereon, in the Arroyo Grande Herald-~ecorder.
On motion of Councilman Wood , seconded by Councilman
Lee , and on the following roll call vote,to-wit:
AYES: Mayor Burt, Councilmen Lee, Wood, Jacobs and McNeil
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 28th day of August, 1962
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ATTEST: MAYOR
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", CITY CLERK
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